U.S. v. Edwards

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 13-3397
Decision Date: 
October 3, 2014
Federal District: 
W.D. Wisc.
Holding: 
Reversed and remanded
In prosecution on unlawful possession of firearm charge, Dist. Ct. erred in granting defendant’s motion to suppress firearm seized from car defendant was driving, where defendant was stopped by police after police had received report from defendant’s girlfriend that defendant had recently stolen her car. While Dist. Ct. found that police lacked reasonable belief that evidence of alleged auto theft would be found in car so as to justify instant warrantless search, Ct. of Appeals found that police could perform instant warrantless search, where it was reasonable that evidence of car’s ownership would be found in car at time police discovered firearm under driver’s seat. Moreover, search fit within automobile exception to prohibition against warrantless searches, where there was probable cause to believe that evidence of crime would be found in car. Fact that defendant told police prior to search that car registration was not in glove compartment did not require different result since police are not required to accept defendant's statement as truth.